What is the patent granting procedure in India?
Publication of Patent Application in India:
Once the application
for patent is filed, it is published 18 months after the date of filing or the date
of priority, (whichever is earlier). But for the right to initiate infringement
proceedings, the Indian Patent Act provides similar rights to the applicant on and
from the date of publication of application, as that provided to the Patentee.
Examination of Patent Application in India:
India follows deferred
examination system according so the application for patent is not examined unless
a request for examination is filed with the Patent Office to initiate examination
the examination proceedings the applicant is required to file a request with the
Patent Office. If the examination report is adverse to the grant of Patent, the
same is communicated to the applicant. As per the provisions of the Patent Act the
applicant has to comply with the requirements imposed on him within a period of
one year from the date on which objections are forwarded to him, or else the application
is deemed to be abandoned by the Patent Office.
Grant of Patent Application in India:
When the application
for Patent is found in order of grant, the patent is granted as expeditiously as
possible with the seal of the Patent Office.The grant of patent is published in the Patent Journal and Letters Patent is issued.
Term Patent Rights in India:
The term of patents in India is twenty years from the date of application or priority date, whichever is earlier.
Annuity fee is payable
every year to keep the patent in force.
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